9911796707
TMI Blog2005 (2) TMI 903X X X X Extracts X X X X X X X X Extracts X X X X ..... edings under the Act were initiated against all the aforesaid persons after issuing separate notices under Section 6(1) of the Act dated 15-3-1988 for forfeiture of the following properties. Opportunities were given to all of them to explain the sources. First petitioner gave the following explanation. (i) She purchased the property as per document No. 3165 and 3281 of Cochin Sub Registry in October, 1986 for ₹ 51,000/- again on 22-4-1987, another property for ₹ 1,26,000/- out of which her share was for ₹ 31,500/- and thus the total value of properties owned by her was ₹ 82,500/-. (ii) Her father Sri. A Abdul Rahimankutty gave ₹ 20,000/- by Demand Draft; her brother Sri. A. Azad gave ₹ 15,000/- and another brother Sri. A. Harris gave ₹ 13,000/- who were working with Essar Contractors ₹ 5,000/- each was given by her brother-in-laws Sri. H. Salim, and Sri. H. Ubaid, Sri. A. Selvam, tailors and a sum of ₹ 17,000/- received from Sri. V.K. Hamza, Textile Merchant, who occupied one of the rented buildings. Confirmation letters from Sri. V.H. Saleem, Sri. V.H. Ubaid, Sri. V.K. Hamza, Sri. A. Selvam and Sri. P.K. Sebasti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ring for the competent authority Sri. Roy Chacko on the other hand contended no notice was contemplated to the detenu under Section 6(1) of the Act. Counsel also submitted that no time limit has been prescribed under the Act for proceeding against the properties procured by one of the relatives of the detenu. With regard to the contention that no notice was issued to the detenu, Tribunal held as follows: However we do not see any merit in the argument that non issue of a copy of the notice also to the detenu will render the proceedings against other persons to nullity if they are otherwise covered by the provisions of the Act. In the present case, the appellants respectively being wife and brothers of the detenu, are his very close relatives and are fully covered by Section 2 (2)(c) read with Explanation 2 in the said Section. In the counter affidavit filed by the fourth respondent it has been stated as follows: The plea of the petitioner that no notice under Section 6(2) of the Act was issued to the detenu and that hence the proceedings are bad in law is not correct. As a matter of fact, the very same plea was advanced before the second respondent who had categorically ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . (2) The persons referred to in sub-section (1) are the following, namely: (a) every person - (i) who has been convicted under the Sea Customs Act, 1878 (8 of 1878),or the Customs Act, 1962 (52 of 1962), of an offence in relation to goods of a value exceeding one lakh of rupees; or (ii) who has been convicted under the Foreign Exchange Regulation Act, 1947 (7 of 1947), or the Foreign Exchange Regulation Act, 1973 (46 of 1973), of an offence, the amount or value involved in which exceeds one lakh of rupees; or (iii) who having been convicted under the Sea Customs Act, 1878 (8 of 1878), or the Customs Act, 1962 (52 of 1962), has been convicted subsequently under either of those Acts; or (iv) who having been convicted under the Foreign Exchange Regulation Act, 1947 (7 of 1947), or the Foreign Exchange Regulation Act, 1973 (46 of 1973), has been convicted subsequently under either of those Acts; (b) every person in respect of whom an order of detention has been made under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (52 of 1974): Provided that - (i) such order of detention, being an order to which the provisi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ant of a person referred to in clause (ii) or clause (iii) Explanation 3. For the purpose of clause (d), associate , in relation to a person, means- (i) any individual who had been or is residing in the residential premises (including out houses) of such person; (ii) any individual who had been or is managing the affairs or keeping the accounts of such person; (iii) any association of persons, body of individuals, partnership firm, or private company within the meaning of the Companies Act, 1956 (1 of 1956), of which such person had been or is a member, partner or director; (iv) any individual who had been or is a member, partner or director of an association of persons, body of individuals, partnership firm, or private company within the meaning of the Companies when such person had been or is a member, partner or director of such association body, partnership firm or private company; (v) any person who had been or is managing the affairs, or keeping the accounts, of an association of persons, body of individuals, partnership firm or private company referred to in clause (iii); (vi) the trustee of any trust, where,- (a) the trust has been created b ..... X X X X Extracts X X X X X X X X Extracts X X X X
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